Ireland
Ireland
If you are entering into this Agreement in Ireland the following licence terms
apply to you:
NOTICE TO USER:
THIS IS A CONTRACT BETWEEN YOU AND ADOBE SYSTEMS INCORPORATED ("ADOBE"), A COMPANY
INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE, U.S.A. PLEASE READ IT
CAREFULLY. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF
THIS AGREEMENT, DECLINE WHERE INSTRUCTED, AND YOU WILL NOT BE ABLE TO USE THE
SOFTWARE. IF YOU DO NOT ACCEPT THIS AGREEMENT AND HAVE PROOF OF PAYMENT, YOU MAY
RETURN THE UNUSED SOFTWARE TO THE LOCATION FROM WHICH YOU ACQUIRED IT WITHIN THIRTY
(30) DAYS FOR A REFUND OF SUCH LICENCE FEE.
This Adobe Systems Incorporated End User Licence Agreement ( "Agreement") sets
forth the terms and conditions under which you are licensed to use the Software.
Software means (A) all of the contents of the disk(s), CD-ROM(s) or other media
with which this Agreement is provided, including but not limited to (i) Adobe or
third party software; (ii) digital images, stock photographs, clip art or other
artistic works ("Stock Files"); (iii) related explanatory written materials
("Documentation"); and (iv) fonts; and (B) upgrades, modified versions, updates,
additions, and copies of the Software, if any, licensed to you by Adobe
(collectively, "Updates").The term "Permitted Number of Computers" means the number
of computers indicated at the top of this Agreement.
Adobe grants to you a non-exclusive licence to use the Software, provided that you
agree to the following:
2. Copyright. The Software and any copies that you make are owned by Adobe and its
suppliers, and its structure, organization and code are the valuable trade secrets
and confidential information of Adobe and its suppliers. The Software is also
protected by United States Copyright Law, international treaty provisions, and
applicable laws of the country in which it is being used. You must treat the
Software just as you would any other copyrighted material, such as a book. You may
not copy the Software, except as set forth in Clause 1 ("Use of the Software"). Any
copies that you are permitted to make pursuant to this Agreement must contain the
same copyright and other proprietary notices that appear on or in the Software.
Except for font software converted to other formats as permitted in section 1.6.4,
you agree not to modify, adapt or translate the Software except as may expressly be
permitted under the European Directive on the Legal Protection of Computer Programs
(14 May 1991, OJ 1991 (122/42))
("the Directive"). You also agree not to reverse engineer, decompile, disassemble
or otherwise attempt to discover the source code of the Software except as may
expressly be permitted under the Directive. Trademarks shall be used in accordance
with accepted trademark practice, including identification of trademarks owners'
names. Trademarks can only be used to identify printed output produced by the
Software and such use does not give you any rights of ownership in that trademark.
Except as stated above, this Agreement does not grant you any intellectual property
rights in the Software. This Agreement provides the terms and conditions under
which your are licensed to use the Software. It is not an agreement for the sale of
the Software to you.
3. Transfer. You may not rent, lease, sublicense or lend the Software. You may,
however, transfer all your rights to use the Software to another person or legal
entity provided (1) that you transfer this Agreement, the Software, including all
copies, Updates and prior versions and all copies of font software converted into
other formats, to such person or entity, (2) that you retain no copies, including
copies stored on a computer, and (3) that the receiving party accepts the terms and
conditions of this Agreement.
5. Limited Warranty. Adobe warrants to you that the Software will perform
substantially in accordance with the Documentation for the ninety (90) day period
following your receipt of the Software. This limited warranty does not apply to
font software converted into other formats. To make a warranty claim, you must
return the Software to the location where you obtained it along with proof of
purchase within such ninety (90) day period. If the Software does not perform
substantially in accordance with the Documentation, the entire liability of Adobe
and your exclusive remedy shall be limited to either, at Adobe's option, the
replacement of the Software or the refund of the licence fee you paid for the
Software. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ADOBE'S OR ITS
SUPPLIERS' BREACH OF WARRANTY. THE LIMITED WARRANTY SET FORTH IN THIS CLAUSE GIVES
YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE
OR JURISDICTION TO JURISDICTION. For further warranty information, please contact
Adobe's Customer Support Department. Nothing contained in this Agreement shall
prejudice the statutory rights of any party dealing as a consumer. Nothing
contained in this Agreement limits Adobe's liability to you in the event of death
or personal injury resulting from Adobe's negligence. Adobe is acting on behalf of
its suppliers for the purpose of disclaiming, excluding and/or restricting
obligations, warranties and liability as provided in this Clause 5, but in no other
respects and for no other purpose.
6. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN CLAUSE 5,
ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO
ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. ADOBE AND ITS
SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY
USING THE SOFTWARE. Some states or jurisdictions do not allow the exclusion of
implied warranties or limitations on how long an implied warranty may last, so the
above limitations may not apply to you. To the extent permissible, any implied
warranties are limited to ninety (90) days.
The contractual rights which you enjoy by virtue of Section 12, 13, 14 and 15 of
the Sale of Goods Act, 1893 (as amended) are in no way prejudiced by anything
contained in this Agreement save (if you are not dealing as a consumer or in the
case of an international sale of goods) to the extent permitted by law.
Section 39 of the Sale of Goods and supply of Services Act, 1980 is hereby excluded
with respect to the supply of the Software. The contractual rights which you enjoy
by virtue of the provisions of Section 39 of the Sale of Goods and Supply of
Services Act, 1980 are in no way prejudiced by anything contained in these terms
and conditions save to the extent permitted by law.
8. Governing Law and General Provisions. This Agreement is governed by Irish law
and you submit to the non-exclusive jurisdiction of the Irish courts in relation to
any matter or dispute arising hereunder, excluding the application of its conflicts
of law rules. This Agreement will not be governed by the United Nations Convention
on Contracts for the International Sale of Goods, the application of which is
expressly excluded. If any part of this Agreement is found void and unenforceable,
it will not affect the validity of the balance of the Agreement, which shall remain
valid and enforceable according to its terms. You agree that the Software will not
be shipped, transferred or exported into any country or used in any manner
prohibited by the United States Export Administration Act or any other export laws,
restrictions or regulations. This Agreement shall automatically terminate upon
failure by you to comply with its terms, in which event you must destroy all copies
of the Software. This shall not prejudice the statutory rights of any party dealing
as a consumer. This Agreement may only be modified by a writing signed by an
authorized officer of Adobe, although Adobe may vary the terms of this Agreement in
connection with the licensing of any Updates to you.
This is the entire agreement between Adobe and you relating to the Software and it
supersedes any prior representations, discussions, undertakings, end user licence
agreements, communications or advertising relating to the Software.
9. Notice to U.S. Government End Users. The Software and Documentation are
"Commercial Items," as that term is defined at 48 C.F.R. �2.101, consisting of
"Commercial Computer Software" and "Commercial Computer Software Documentation," as
such terms are used in 48 C.F.R. �12.212 or 48 C.F.R. �227.7202, as applicable.
Consistent with 48 C.F.R. �12.212 or 48 C.F.R. ��227.7202-1 through 227.7202-4, as
applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (A) only as
Commercial Items and (B) with only those rights as are granted to all other end
users pursuant to the terms and conditions herein.
Unpublished-rights reserved under the copyright laws of the United States. Adobe
Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704.
10. Copy of this Agreement. For future reference, a copy of the Agreement is
included in the Documentation. If you have any questions regarding this Agreement
or if you wish to request any information from Adobe, please use the address
information enclosed in this product to contact the local Adobe subsidiary serving
your country or write to Customer Support Department, Adobe Systems Europe Limited,
Adobe House, Mid New Cultins, Edinburgh, Scotland EH11 4DU, United Kingdom, telefax
+44-(0)131-453-4422.
11. Compliance with Licences. It you are a business or organisation, you agree that
upon request from Adobe or Adobe's authorised representative, you will within
thirty (30) days fully document and certify that your use of any and all Adobe
software at the time of the request is in conformity with your valid licences from
Adobe.